2023-03-16 Leeward Exh A (Items 1 Frank Sirlin PL-SMA-2022-000024)

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of that and in essence it's led to dismantling of a historic district. And this is the first time that I'm aware of that an application for an SMA has come in for Puak6. Is that the case for one of these lots? DARROW: In this particular rule change, yes. There has been some a little bit more north that were coming in that triggered when they built the second dwelling. VITOUSEK: Gotcha. DARROW: Yeah, remember we had the current rule required if they built that second dwelling, they'd have to come in. VITOUSEK: Yeah. DARROW: But this is the first one coming in Puako that the first dwelling has to come in. VITOUSEK: And my understanding of the SMA guidelines is that cumulative impacts are one of the major components for review. I believe that's 205A-26 (2)(a). I think that if this rule had been in place back before it would be a much different Puako today. So, here we are where the majority of lots in Puako have already been affected by this change. I'm not sure how at this point we can mitigate any of that. I mean looking at it individually I would love to see more view planes from the road even though it's not a State highway. I think walling off the entire lot with a 6-foot wall and 6-foot gates is really closing off views of the shoreline and closing off the community. Whereas the whole community may not be a gated community but the construction of these walls and gates and giant houses that block everything off create a corridor where only the individual people who owns these oceanfront properties are able to enjoy the ocean and the view of the ocean. I think it has a pretty significant change on the community. I don't know how to address that with one application. KNOWLES: I concur Chair Vitousek and that is the struggle that I am also having because I think that this idea of cumulative environmental impact as set forth in the statute has been narrowly construed quite frankly to be considering sort of like the impact on the water or as opposed to the impact on the entire environment of the community. It was very interesting to me that the applicant noted his desire to live in a Hawaiian neighborhood when in my experience Puako doesn't look like that anymore and these mansions do begin to change the environmental character of the community. I guess my question for you, Mr. Darrow, is just this idea of you spoke to it but at what point I can't locate the tipping point for when the character of a community changes so much that it is now in effect a gated community. And what our power is as a Commission to really consider that as we review these SMA permits that are really looking at the entire ocean and front environment. DARROW: Thank you. It's not an easy question to answer and in this particular case I think we're looking at probably the most, I mean, I don't want to belittle this. This is one single-family dwelling. What we normally look at for a cumulative effect is like a resort complex that comes in like Waikoloa or Mauna Lani or Kukio, Ka`upulehu and they come in for one SMA 17 EXHIBIT A